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WILL 



OF 



SAMUEL A. WAY 



4/3. 



WILLIAM A. RICHARDSON, 
ASA P. POTTER, 
CHARLES G. WAY, 
ELLIS W. MORTON, 

Executors and Trustees. 






BOSTON : (£/ 

WRIGHT & POTTER, PRINTERS, 79 MILK STREET 
(Corner of Federal). 

1872. 



yv 






Will of Samuel A. Way. 



Know all men by these presents, That I, SAM- 
UEL A. WAY, of Boston, in the County of Suf- 
folk and Commonwealth of Massachusetts, being 
of sound and disposing mind and memory, do 
make and publish this my last will and testament, 
hereby revoking all former wills and codicils by me 
at any time heretofore made. 



William A. 
Richardson 



I appoint Charles G. Way [John Goldsbury, 
Henry D. Hyde], Asa P. Potter and Ellis W. substituted - 

3 a J 7 See codicil 6, 

Morton to be trustees of this my Will. clauses; and 

J codicil 7, clause 



10. 



First, I bequeath to my dear wife, Sarah Aistn 
Way, the use and enjoyment, during her life, of 
all the household furniture, plate, jewelry, books, 
horses, harnesses, carriages and stable furniture 
which may belong to me at my decease; and I 
bequeath the same, excepting the jewelry, after her 
decease, to my son, Charles G. Way, during his 
life; and upon his decease, then to any wife of my 
said son who shall survive him, during the life of 



WILL OF SAMUEL A. WA Y. 



See codicil 7, 
clause 3. 



any child of my said son, and while she shall be in 
occupation of my real estate on the corner of 
Mount Vernon Street and Beacon-hill Place under 
the provisions of this will hereinafter made; [and 
upon the decease of such wife of my said son, or 
upon the decease of my said son, if he shall leave 
no wife, then to the children of my said son abso- 
lutely.] 

I direct that my wife shall not be held to an over- 
strict account as to the goods herein bequeathed to 
her, and that she may make exchanges of the same. 

The jewelry herein mentioned, upon the decease 
of my wife, shall be sold by the 'said trustees, and 
the proceeds held upon the charitable trust here- 
inafter created. 



Taxes, insur- 
ance and re- 



Second. I devise my real estate situate on the 
corner of Mount Vernon Street and Beacon-hill 
Place, so called, in said Boston, consisting of about 
4,250 feet of land, with improvements thereon, 
being the same estate conveyed to me by Sereno 
pairs to be paid X). JNfickerson by his deed dated the 10th day of 

by Trustees. 

codicil 5, clause August, A. D. 1867, together with the use and 

3 ; and codicil 7, 

clause 4. enjoyment of so much of the land of my contigu- 

ous estate on the corner of Bowdoin Street and 
said Beacon-hill Place as may be within fifty (50) 
feet of the adjoining estate, late of John H. Pear- 



WILL. 5 

son, to the sole and separate use of my wife, Sarah 
Ann Way, for her life; and I devise the same, 
upon the decease of my said wife, unto my said 
son, Charles G. Way, for his life, and upon my with an an- 

nuity of $6,000 

said son's decease, in case he shall leave a lawful P er annum. 

Codicil 7, clause 

child or children, then to the sole and separate use 2 
of any wife of my said son who shall survive him, 
for such time as any such child or children shall 
live : provided, that such wife of my said son shall 
occupy the said estate and premises as her resi- 
dence; and her estate therein shall cease and be 
determined when such occupancy shall cease. 

\And upon the decease of such wife of my said Revoked - See 

L - M •s codicil 7, clause 

son, or upon the decease of my said son if he shall 3> 
leave no wife, then I devise the same, excepting 
therefrom so much of the land of each of the said 
estates, to wit, the said estate on the corner of Mount 
Vernon Street and Beacon-hill Place and the said 
estate on the corner of Bowdoin Street and Beacon- 
hill Place, as may he within fifty (50) feet of the 
adjoining estate, late of John H. Pearson afore- 
said, to the use of Charles G. Way, John Golds- 
bury, Henry D. Hyde, Asa, P. Potter and Ellis 
W. Morton, their executors, administrators, heirs 
and assigns, upon trust, to convey the same in fee 
in equal shares to the law fid children of my said 
sou, provided there shall be two or more such chil- 



6 WILL OF SAMUEL A. WA T. 

dren, or to sell and dispose of the said real estate, 
in their discretion, and distribute the proceeds 
equally among said children, provided there shall 
be two or more such children. If there shall be 
but one such child, then one-half only of the fee 
of said estate shall be conveyed to such child, or 
one-half the proceeds given to such child in case of 
the sale or disposal of the said estate by said trus- 
tees.] 

I devise, upon the decease of my said wife and 
of my said son and of any surviving wife of my 
said son, or upon the determination of such sur- 
viving wife's occupancy of the said estate on the 
corner of Mount Vernon Street and Beacon-hill 
Place, so much of the land of my said real estate 
situate on the corner of Mount Vernon Street and 
Beacon-hill Place and so much of the land of my 
contiguous estate situate on the corner of Bowdoin 
Street and Beacon-hill Place as ma} 7 be within fifty 
(50) feet of the adjoining estate, late of John H. 
Pearson, to the use of the said Charles G. Way 
william a. XJohn Ooldsbury, Henry D. Hyde~] , Asa P. Pot- 

UlCHARDSON 

substituted. TER an( j Ellis W. Morton, their executors, 

See codicil 6, 

clause 5; and administrators, heirs and assigns, upon trust, to 

codicil 7, clause 

10 - divide the said land into two equal lots of a width 

of twenty-five (25) feet, and running from said 
Mount Vernon Street to said Bowdoin Street. 



WILL. 7 

The lot next to the said adjoining estate, late of 
John H. Pearson as aforesaid, they shall sell and 
take the proceeds resulting therefrom as residuary 
legatees upon the trust in this will created. 

[ The other lot they shall sell, and distribute the Kevoked. see 

codicil 7, clause 

proceeds resulting from the sale thereof, equally 3. 
among the laivful children of my said son, pro- 
vided there shall be two or more such children; if 
there shall be but one such child, then one-half only 
of said proceeds shall be given to such childJ] 

Third. I devise my real [estate] situate on the 

northerly corner of Harrison Avenue and Way 

Street in said Boston, consisting of about 1,875 

feet of land, with improvements thereon, bounded 

on the north by the Boston and Albany Railroad, 

and on the east by land now or late of Timothy 

Eaton; and my real estate situate on the south to be kept in- 
sured by Trust- 
corner of said Harrison Avenue and said Way ees. codicii7, 

clause 4. 

Street, consisting of about 1,500 feet of land, with 
improvements thereon, bounded east by passage- 
way and south by land of the late Mr. Becker ; and 
my real estate situate on said Way Street adjoining 
the said last mentioned estate (a passage-way be- 
ing between them) consisting of about 2,500 feet 
of land, with improvements thereon, and being now 
occupied by Amasa W. Bailey [and my real estate 



8 WILL OF SAMUEL A. WAY. 

Revoked, see situate on the corner of Bowdoin Street and Bea- 

codicil 6, clause 

4 - con-hill Place in said Boston, excepting so much 

of the land thereof as may be within fifty (50) 
feet of the adjoining estate, late of John H. Pear- 
son, ivhich said excepted land is herein before dis- 
posed of], to the use of the said Charles G. Way 

william a. [John Goldsbury, Henry D. Hyde'], Asa P. Pot- 

RlCHARDSON L t/7 ° * J7 

substituted. TE]R an( j Ellis W. Morton, their executors. 

See codicil 6, 7 

clause 5; and administrators, heirs and assigns, upon the follow- 

codicil 7j ciftusG 

10 - ing trusts; that is to say: they shall pay out of the 

net yearly profits of said estates one thousand 
(1,000) dollars per annum, in equal quarterly pay- 
ments, to the sole and separate use of any wife of 
my son, Charles G. Way, during the life of my 
said son; they shall pay live hundred (500) dollars 
per annum, in equal quarterly payments, to Edwin 
Fobes, during his life ; and they shall pay, in equal 

see codicil 7, quarterly payments, unto my son, Charles GK 

clause 1. 

Way, during his life, so much of the balance 
(including either or both the said last mentioned 
annuities if they expire during the life of my said 
son) of the said yearly profits as shall be sufficient 
to cover all the living and expenditures of my said 
son; and if it appears to them that he does not 
annually consume a sum equal to the whole of said 
balance, they shall annually give such a proportion 
of said balance as appears to them to exceed the 



WILL. 9 

sum used yearly by my said son for his* living and 
expenditures, to such charities as he may direct, or, 
in default of any direction from him, to such chari- 
ties as to them may seem good, it being my will 
that my son may receive and expend the whole of 
said balance if he shall desire so to do, but that he 
shall not accumulate money and thereby accumu- 
late cares and perplexities. After the decease of 
my said son, they, the said trustees, after deduct- 
ing the amount of the annuity to Edwin Fobes so 
long as it shall be in force, shall pay of the balance 
of the said net yearly profits of said estates one- 
half, in equal quarterly payments, to the sole and 
separate use of any wife of my said son who shall 
survive him, during her life, provided my said son 
shall leave a lawful child or children ; but if he shall 
leave no such child, then they shall pay to her one- 
third instead of one-half of said profits, 

[and they shall apportion the other half in equal Revoked, see 

codicil 7, clause 

shares to and among the laivful children of my said *• 
son, provided there are two or more such children, 
employing and applying in their discretion the share 
of any minor child during such child? s minority as 
shall appear to them most beneficial for such child, 
and paying directly, in equal quarterly payments, 
to any child ivho shall have attained the age of 
twenty-one years, his or her share. If there shall 



10 WILL OF SAMUEL A. WA T. 

be but one lawful child of my said son, such child 
shall be entitled in manner aforesaid to a moiety 
only of said last mentioned w other half." Upon 
the decease of such surviving wife of my said son, 
or upon the decease of my said son if he shall leave 
no wife, the said trustees shall convey the said 
estates in fee, charged, however, with the aforemen- 
tioned annuity to Edwin Fobes, in equal shares to 
the lawful children of my said son, provided there 
shall be two or more such children; or shall sell or 
dispose of the said estates, in their discretion, and 
distribute the proceeds, first providing for the pay- 
ment of said annuity equally among said children, 
provided there shall be two or more such children. 
If there shall be but one such child, then one-half 
only of the said estates shall be conveyed to such 
child, or one-half the proceeds in case of the sale or 
disposal of the said estates by the said trustees, 
and the payment of the annuity shall be appor- 
tioned^ 

to be kept in- Fourth. I devise my land situate on Bowdoin 

sured by Trust- 
ees, codicil 7, Street in said Boston, with my stable thereon, to 

clause 4. 

the sole and separate use of my wife, Sarah Ann 
Way, for her life, and upon her decease to my 
son, Charles G. Way, for his life, and upon his 
decease then to the sole and separate use of any 



WILL. 11 

wife of my said son who shall survive him, during 
such time as such wife may be in occupation of 
the estate on the corner of Mount Vernon Street 
and Beacon-hill Place under the previous provis- 
ions of this will, and then the said land and stable 
shall be taken and considered as a part of and 
shall pass with and belong to the estate adjoin- 
ing, hereinafter devised to James E. Sheldon, 
and the estate here devised shall be subject, from subject to an 

easement of 

my decease, to an easement as hereinafter men- wui. see oiause 
tioned lying. 

Fifth. I devise all my real estate in Rochester, 
in the State of Vermont, to the sole and separate 
use of my mother, Lettice C. Whitton, for her 
life, and upon her decease, then in fee to the chil- 
dren of my sister, Martha Jane Thomas, of 
Randolph in said Vermont. 

[Sixth, I devise all my real estate situate in Revoked, see 

codicil 5, clause 

Dover Place in said Boston, consisting of certain i. 
land, with three brick houses and one four-story 
brick building, having a store under the same, 
thereon, and my real estate situate in said Boston 
bounded north by Myrtle Street 37 ft. 8% in., east 
by Hancock Street 40 ft. 1\ in., south by land late 
of the heirs of Hall 38 ft. and west by land late 



12 WILL OF SAMUEL A. WAY. 

of Gregory 39 ft. 9 in., to the use of the said 
Charles G. Way, John Goldsbury, Henry D. Hyde, 
Asa P. Potter and Ellis W. Morton, their exec- 
utors, administrators, heirs and assigns, upon trust, 
to pay, in equal quarterly payments, to the sole and 
separate use of Abby H. Beat, formerly betrothed to 
my late eldest son, Francis C. Way, during her 
life, the net yearly profits thereof, deducting there- 
from during the life of my late domestic, Catharine 
Mullen, the sum of two hundred (200) dollars per 
annum, which said sum shall be appropriated to the 
benefit of the said Catharine Mullen according to 
the direction and discretion of the said Abby H. 
Beat and the said trustees; and upon the further 
trust, upon the decease of the said Abby H. Beat, 
to convey the said estates in fee, in equal shares, to 
the children of the said Abby H. Beat, or to sell 
and dispose of the said estates in their discretion 
and distribute the proceeds thereof equally among 
said children. The said trustees shall, however, 
provide out of said estates for the payment of two 
hundred (200) dollars per annum to the said Cath- 
arine Mullen during her life.] 

Revoked, see [Seventh. I devise my real estate situated on 

codicil 7, clause 

5 - Way Street, in said Boston, consisting of aboid 

1,250 feet of land, with a house thereon numbered 



WILL. 13 

11, bounded east by land of Mrs. Toppin, south by 
a passage-way and west by my adjoining lot, being 
one lot of land on the Plan of South Gove, to the 
sole and separate use of my wife's sister, Delia A. 
Sheldon, for the life of the said Delia A. Sheldon, 
and upon her decease then to the children of the 
said Delia A. Sheldon in fee.] 

JEJighth. I devise my real estate situate on Bow- 
doin Street, in said Boston, consisting of certain 
land, with a house thereon, purchased by me of the 
heirs of T. J. Eckley, the said land measuring 
about thirty feet on Bowdoin Street and being 
about forty-two feet deep, with a right of passage- 
way on the north side and in the yard in the rear, 
with a right of light over said yard and a right 
to hang clothes on the adjoining building north, to 
James E. Sheldon, for his life, and upon his de- 
cease then in equal shares to the children of said 
James E. Sheldon in fee. With the consent of 
four of the trustees of this will, the said James E. 
Sheldon may sell and give a good title in fee 
to the herein devised estate and re-invest the pro- 
ceeds in such other real estate as four of the said 
trustees shall approve. The said trustees " shall 
see to such re-investment and that the transmission 
and succession of any real estate in which such 



clause 5 ; and 
codicil 7, clause 
10. 



14 WILL OF SAMUEL A. WAY. 

proceeds may be invested is secured to the children 
of the said James E. Sheldon after his decease. 

Ninth. I devise and bequeath all of the residue 
and remainder of the real and personal estate of 
every name, nature and description, which shall 
belong to me at my decease, and all future remain- 
ders and residues of every name, nature and de- 
scription, unto and to the use of the said Charles 

rcHAKBs^ G ' Way [ John Goldsbury, Henry D. Hyde], Asa 
substituted R p OTTER and Ellis W . Morton, their exec- 

See codicil 6, 

utors, administrators, heirs and assigns, upon the 
following trusts; that is to say: 

1. The said trustees shall therefrom provide for, 
and without delay make prompt payment of, all 
my just and legal debts and funeral charges. 

2. The said trustees shall therefrom provide for 
the exoneration of the real estate herein before 
devised under the clauses w Second," w Third," 
« Fourth," " Fifth," w Sixth," w Seventh " and 
"Eighth" of this will from all mortgages and 
incumbrances upon the same, such exoneration 
to be made when they shall deem it expedient: 
provided, however, that all interest shall be paid 
when due. 

Twelve thou- 3 rp^e sa id trustees shall therefrom amply pro- 
sand ($12,000). 

see codicil 5, yj^ for the payment of a clear annuity of [ten 



WILL. 15 

thousand ( 10,000 )1 dollars to my wife, Sarah clauses; and 

v ' y J J codicil 6, clause 

Ann Way, during her life, which said annuity v > ^codicil?, 

7 ° ' clause 1. 

they shall pay to her sole and separate use, in 
equal quarterly payments. If at any time my 
said wife shall request to receive seven thousand 
(7,000) dollars in gold in lieu of the said "ten 
thousand (10,000) dollars," the said trustees shall 
make such substitution and payments in gold in 
compliance with such request. The provisions 
made in this will for my wife are in lieu of, and to 
be taken instead of, dower and such other legal 
rights and interests as she may have in my estate. 
It is my earnest desire that my wife may not per- 
mit any of her income to accumulate, as I believe 
such accumulation will be accompanied with a 
corresponding increase of cares and annoyances. 
I therefore request that such part of her income 
as may not be consumed by her expenditures may 
be annually devoted by her to charities. 

4. The said trustees shall therefrom provide for 
the payment to each of the following named per- 
sons, during their respective lives, of a clear 
annuity of two hundred (200) dollars; that is to 
say: to my mother, Lettice C. Whitton — to 
my sister, Martha Jane Thomas — to [Louie ida gray 8U b- 

stituted. See 

Gray} — to E. Eliza Lewis — to Mrs. Ellen couidi i, clause 

4. 

Davis — to Nellie Park, wife of Edward Park — 



16 WILL OF SAMUEL A. WAY. 

to Fannie Coburn — to Ella Freeman, wife of 
D. V. Freeman — to Hattie Sheldon, daughter 
of James E. Sheldon — to Nelly Burton, daugh- 
ter of Hazen J. Burton — to Carrie Fobes, 

see, also, codi- daughter of Edwin Fobes — to Anna Ferdinand, 

cil 6, clause 3; 

and codicil 7, w if e f j aS p ar J 1 . Ferdinand — and to Edith 

clause 8. 

Lobdell of Hartford, Conn., — which said annuity 
the said trustees shall pay to the sole and separate 
use of each of the said persons in equal quarterly 
payments ; 
Revoked, see \and in case of the decease of Abby H. Beat 

codicil 5, clause 

!• prior to the decease of her mother, Elizabeth Beat, 

they shall provide therefrom for the payment of a 
clear annuity of one thousand (1,000) dollars to 
the said Elizabeth Beat, during her life, commenc- 
ing from the day of the decease of the said Abby 
H. Beat, which said annuity the said trustees shall 
pay to the sole and separate use of the said Eliz- 
abeth Beat in equal quarterly payments.'] 

Revoked, see rj # r^he said trustees shall therefrom provide for 

codicil 3, clause L 

*• the payment of a clear annuity of six hundred 

(600) dollars to my wife's niece, Belle A. Shel- 
don, during her life, which said annuity the said, 
trustees shall pay to her sole and separate use in 
equal quarterly payments)] 

Three hundred 6. The said trustees shall therefrom provide for 

($300). See cod- # , 7-7 

icii 5, clause 2. the payment of a clear annuity of [six hundred 



WILL. 17 

(600)] dollars to Mrs. Almira Dewey, wife of 
Edward Dewey, during her life, which said annuity 
they shall pay to her sole and separate use in equal 
quarterly payments. And upon her decease they 
shall give and distribute to and among her chil- 
dren, in equal shares, the sum of [ten thousand Five thousand 

($5,000). See 

(10,000)] dollars. And if during her life she codicil 5, clause 

2. 

shall in writing request the said trustees to pur- 
chase such real estate as she may choose, at a 
cost of [ten thousand ( 10,000 )] dollars, then they Five thousand 

($5,000). 

shall purchase such estate and secure it to her see as above. 
sole and separate use during her life, and upon her 
decease to her children in fee in equal shares, and 
such real estate shall be in lieu of said annuity, 
the payment of which shall cease upon its pur- 
chase, and also in lieu of the [ten thousand (10,- Five thousand 

L ($5,000). 

000)1 dollars to be distributed as herein before see as above. 
provided. 

[7. The said trustees shall therefrom provide R evoke< *. see 

codicil 4, clause 

for the 'payment of a clear annuity of two thou- 1 - 
sand (2,000) dollars to Joseph B. Carter, during 
his life, and upon his decease, to any surviving 
child of the said Joseph B. Carter, during the life 
of such surviving child, which said annuity the 
said trustees shall pay to the said Joseph B. Car- 
ter, or to such surviving child in equal quarterly 
payments.'] 



18 WILL OF SAMUEL A. WAY. 

8. The said trustees shall pay therefrom the 
sum of five (5) dollars per week to Michael 
Dempsey, during his life, and shall provide him 
with a tenement worth two (2) dollars per week, 
or in lieu thereof pay him two (2) dollars per 
week additional, during his life. 
Revoked and 9 # The said trustees shall pay therefrom to any 

restored condi- 
tionally, see coachman and also to any in-door man servant 

codicil 6, ^ 

clauses; and w h gh^ fc e ' m mv employ at the time of my 

codicil 7, clause J r J J 

8 decease, respectively, a sum equal to ten (10) 

dollars per month for each and every month they 
shall severally have been in my employ, and after 
my decease they shall pay them each ten (10) 
dollars for each month they shall severally re- 
main in the employ of my wife, son, or any sur- 
viving wife of my son, in addition to the fair 
and regular wages they may receive from them. 

Revoked, see \10. The said trustees shall pay and distribute 

codicil 6, clause 

3; and codicil f ana \ among tfi e female domestics who may be in 

7, clause 8. u w u 

my service at the time of my decease, the sum of 
one thousand (1,000 J dollars, which said sum shall 
be divided into shares proportioned to their respect- 
ive periods of service (the full time of service being 
credited, whether it shall have covered one contin- 
uous period or different periods,) and each shall 
he paid the share proportioned; to the length of 
her service.] 



WILL. 19 

11. The said trustees shall pay therefrom the 
following legacies to the following named persons; 
that is to say: to each of the children of my 
brothers, Addison M. Way and John M. Way, 
they shall pay five hundred (500) dollars; to each 
of the children of my brother, Jaspar F. Ferdi- 
nand, they shall pay, upon such child's majority, 
the sum of two thousand (2,000) dollars, with in- 
terest added from the day of my decease, or the 
said trustees may, in their discretion, apply the 
interest to the education of such minor children 
respectively; to each of the children of my sister, 
Martha Jane Thomas, they shall pay the sum 
of two thousand (2,000) dollars; to Mrs. James 
Hubbard Way they shall pay to her sole and 
separate use the sum of one hundred (100) dol- 
lars ; to Etta Ward they shall pay, upon her 
marriage, the sum of one hundred (100) dollars; 
to my former partner, Asa P. Potter, they shall 
pay the sum of forty thousand (40,000) dollars; 
[to my partner, Francis 0. French, they shall Revoked, see 

codicil 2, clause 

pay the sum of twenty-five thousand ( 2&,000) dot- 3. 
lars; to my partner, Fdward M. Simmons, they 
shall pay the sum of fifteen thousand (15,000) 
dollars']', to Charles Montgomery they shall see codicil e, 

clause 2 ; and 

pay the sum of two thousand and five hundred codicu 7, ciauae 

8. 

(2,500) dollars, in recognition of his integrity 



20 WILL OF SAMUEL A. WA T. 

and faithful services as collector of rents; to my 
deserving clerk, John Dela, they shall pay the 
sum of two thousand and five hundred (2,500) 
dollars; to my meritorious clerk, Charles J. 
Kellogg, they shall pay the sum of two thou- 
sand and five hundred (2,500) dollars; to Ellis 
W. Morton they shall pay the sum of five thou- 
sand (5,000) dollars, in recognition of his fair 
defence of my rights when it was sought to de- 
prive me of them by extraordinary legislation; to 
my clerk, Truman G. Edwards, they shall pay 
the sum of two thousand and five hundred (2,- 
500) dollars. 

12. After satisfying the requirements of the 
herein before mentioned trusts, enumerated under 
clause " Ninth " of this will, the said trustees 
shall hold and apply the balance of the property 
that shall remain in, or at any time come to their 
hands under and by virtue of this will upon trust 
for the benefit of the Needlewomen of the 
City oe Boston, in the Commonwealth of Mas- 
sachusetts, the application of the same to be made, 
as far as shall seem practicable to the said trus- 
tees, in the exercise of their sound discretion, in 
the manner herein suggested. 

My design is to ameliorate to some extent the 
condition of the large class of industrious women 



WILL. 21 

of the said city who gain their livelihood by sewing. 
As the chief embarrassments to which this class of 
persons are exposed result from a failure of employ- 
ment at certain seasons, and a scarcity of suitable 
dwelling places, it is my wish that they may be 
relieved by a supply of work when ordinary sources 
fail, and by the provision of houses containing 
convenient, healthful apartments specially adapted 
to their accommodation. 

My principal object is to help workers to con- 
stant employment at fair prices, and to desirable 
houses at fair rents. 

When, however, the realization of this object is 
so far effectuated that the said trustees shall con- 
sider that, in the furtherance of my design, direct 
charitable aid may be properly extended to those in 
need, who may be unable to work, I desire that such 
aid may be bestowed under suitable limitations. 

Except under extraordinary circumstances, it is 
my wish that such aid shall not be offered to any 
one person for a longer period than three succes- 
sive months, preferring rather to extend temporary 
relief to the casually necessitous, than to provide 
for other cases which are better met by the liberal 
beneficence of our many charitable institutions. 

I suggest that the said trustees create from the 
property held on this trust, two funds, of such pro- 



22 WILL OF SAMUEL A. WAT. 

portionate amounts as may- seem expedient, one to 
be regarded as a labor fund and the other as a 
building fund ; that these two funds be allowed to 
accumulate, if necessary, but as soon as practicable 
they be employed respectively in supplying work 
and building houses. 

The supply of work may be provided by invest- 
ing capital in undertaking the manufacture and sale 
of the various descriptions of goods produced by 
sewing women. Stores and salesrooms may be 
opened, or goods may be manufactured upon con- 
tracts. They are, however, to be manufactured at 
times when sewing women are most in want of 
employment. 

The houses to be erected should be sufficiently 
large to be built economically ; they should be con- 
veniently arranged, with ample provisions for light 
and air, and be pleasantly located. Apartments 
should be let to sewing women at fair paying rents 
and the proceeds applied in carrying out the inten- 
tions I have expressed. 

The foregoing suggestions will serve as an indi- 
cation of my purpose. The development of my 
design, and the details of the plan of operations, 
I leave entirely to the said trustees. To this end 
they may associate themselves in any lawful man- 



WILL. 23 

ner, under act of incorporation, or otherwise, as 
they shall consider most advantageous. 

In case any contingency shall at any time arise 
respecting any of the real estate devised in this 
will, in which it shall obviously be for the great 
advantage of the property and of all parties inter- 
ested therein, to have the exercise of powers and 
authority not included in the terms of the devise of 
such estate, then the person or persons having the 
beneficial interest in such estate for the time being, 
together with the said trustees, acting unanimously, 
shall have full power and authority to alter, mort- 
gage, lease, sell or make any other disposition of 
the whole or a part of such real estate. 

Any instrument executed under this power shall 
be signed by the person or persons aforesaid, or 
their guardian or guardians, and by all of the said 
trustees. And in case of the exercise of such power 
and authority, the said trustees shall so far keep the 
matter in their control as to effectuate the designs 
of my will, whether by reinvestment or otherwise ; 
and they shall faithfully secure the interests of 
every person intended to be favored or benefited 
by the devise of such estate. 

I direct that the said trustees shall have full 
power and authority to sell and convey, and con- 
vert and manage, in their discretion, all the real 



24: WILL OF SAMUEL A. WAT. 

and personal estate devised and bequeathed to them 
in the w Ninth " clause of this will ; and to make 
such investments and changes of the same as from 
time to time they shall deem most beneficial. 

I direct that the said trustees shall have power 
and authority, if they shall consider it for the inter- 
est of my estate, to delay the payment of any lega- 
cies for any period not exceeding five years, interest 
on the same to be added after the expiration of one 
year from the day of my decease. 

I direct that the said trustees shall have power 
at their discretion, to settle my accounts and wind 
up my affairs, and in so doing make any arrange- 
ment relative to debts or demands due, or claimed 
to be due, to or from my estate, as they shall judge 
expedient, with liberty to accept compositions and 
submit questions to arbitration. 

I direct that the said trustees shall close up and 
settle the business in which I may be engaged at 
the time of my decease, as soon as possible. 

I direct that the said trustees may deduct, and 
mutually allow to each other, all disbursements and 
expenses incident to the execution of this will, and 
shall be responsible each for his own acts and 
defaults only, and irresponsible for. losses occurring 
without wilful error, neglect or default, and shall 
be indemnified with or out of my trust property 



WILL. 

against all liabilities consequential on the execution 
of this will. 

I direct that every vacancy in the trusteeship of 
this will, however occasioned (whether in my life- 
time or after my decease) , shall be supplied as soon 
as may be by the appointment of a fit substitute 
(not a member of the legal profession) ; such ap- 
pointment to be made by the continuing trustee or 
trustees, and to be confirmed by a judge of the 
Supreme Judicial Court of the Commonwealth of 
Massachusetts, upon the said judge's being satisfied 
of the capacity and integrity of such appointee; 
but no substitute or successor shall be appointed 
in place of Charles G. Way. 

I further direct that upon such appointment my 
said trust property shall be vested as the case may 
require, in the new trustee or trustees. 

I direct that the trusts and powers herein before 
confided to the said trustees herein appointed (who 
are herein before mentioned or referred to as " the 
said trustees"), may be executed by the trustees 
or trustee of this will for the time being. 

I direct that four of the said trustees shall be a 
sufficient number for holding meetings, all of the 
said trustees having been duly notified in writing 
of the time and place of holding such meetings, 
and that four of the said trustees shall be a suffi- 

4 



26 



WILL OF SAMUEL A. WAY. 



cient number to convey real estate or other prop- 
erty, except in cases where they are specifically 
required to act unanimously. 

I declare that the receipts of the said trustees to 
purchasers and others for moneys paid to the said 
trustees, shall be sufficient discharges for the same, 
and from all liability to see to the application 
thereof; and that no purchaser or mortgagee shall 
be obliged to ascertain the occurrence or existence 
of any event or purpose in or for which a sale, 
mortgage or charge is herein before authorized to 
be made, or to inquire into or take notice of any 
matter connected with the propriety or regularity 
of any sale, mortgage or charge. 

William a. Lastly. I hereby appoint the said Charles Gr. 

Richardson 

substituted. Way [John Goldsbury, Henry D. Hyde], Asa P. 

See codicil 6, 

clause 5; and Potter and Ellis W. Morton to be executors of 

codicil 7, clause 

io. this my will, and request and direct that they shall 

not be required to give bonds, either in their capaci- 
ties as executors or trustees. 



In testimony whereof, I hereunto set my hand 
and seal, and publish and declare this to be 
my last will and testament, in the presence 
of the witnesses following, this twenty-first 
day of March, in the year of our Lord one 



WILL. 27 

thousand eight hundred and seventy (1870), 

at Boston. 

SAM'L A. WAY. [seal.] 

Signed, sealed, published and declared by the said Samuel 
A. Way, as and for his last will and testament, in presence 
of us, who, in his presence, and in the presence of each other, 
and at his request, have subscribed our names as witnesses 
hereto ; the following erasures, interlineations and additions 
having been made before the signing and sealing of the fore- 
going will by the said Samuel A, Way ; that is to say — the 
name of Edward Dewey has been erased wherever it occurred 
with the names of the trustees and executors ; in section 
" 1 " of clause " Ninth," the words " as soon as they shall 
deem expedient," have been erased, and the words " with- 
out delay " and " prompt," have been inserted ; in section 
" 11 " of clause " Ninth," has been added the bequest of 
two thousand and five hundred (2,500) dollars to Truman 
G. Edwards ; in the clause concerning vacancies in the trus- 
teeship, the words " but no substitute or successor shall be 
appointed in place of Charles G. Way," have been inserted ; 
and in the dating, the word " December" has been erased, 
and the word " March " substituted, and the words and 
figures " sixty-nine," have been erased, and the word and 
figures " seventy " substituted ; and the name of Henry N. 
Farwell has been erased wherever it occurred with the 
names of the trustees and executors. 

HENRY KELLOGG, Jr. 

P. E. DALY. 

Wm. W. McNAUGHT. 

This is the thirty-fifth written page of this my 

will. 

SAM'L A. WAY. 



28 WILL OF SAMUEL A. WA Y. 



First Codicil. 

Know all men by these presents, That I, Samuel 
A. Wat, of Boston, in the county of Suffolk and 
Commonwealth of Massachusetts, being of sound 
and disposing mind and memory, do make this first 
codicil to my last will and testament, heretofore 
made and published by me, and bearing date the 
twenty-first day of March, A. D. 1870:— 

First In addition to the annuities and legacies 
mentioned in clause " Ninth " of my said will, the 
trustees of my said will therein named shall, out of 
the property in said clause devised and bequeathed, 
provide for and pay: 
rour thousand ^ j^ clear annu ity f [three thousand (3,000)] 

($4,000). See J L v yj 

codicil 3, clause dollars to my wife's sister, Carrie M. French, 
during her life; which said annuity the said trus- 
tees shall pay to her sole and separate use, in equal 
quarterly payments. 

2. After the decease of Carrie M. French, a clear 
annuity of twelve hundred (1,200) dollars to her 
husband, Walter H. French, during his life; 
which said annuity the said trustees shall pay to 
him in equal quarterly payments. 



FIRST CODICIL. 29 

3. A legacy of ten thousand (10,000) dollars, 
with interest added from the day of my decease, to 
Walter H. French, the younger of that name, 
and son of Carrie M. French; the principal to be 
paid to him upon his majority, and the interest to 
be used exclusively in his education, and paid as 
and when required therefor. 

4. A clear annuity, in place of the annuity to 
Louie Gray, now deceased, of two hundred (200) 
dollars to Ida Gray, sister of Louie, during her 
life; which said annuity the said trustees shall pay 
to her sole and separate use, in equal quarterly 
payments. 

Second. I hereby ratify and confirm my said 
last will and testament in all respects, save as the 
same may be changed by this instrument. 

In testimony whereof, I hereunto set my hand 
and seal, and publish and declare this to be 
the first codicil to my last will and testament, 
in the presence of the witnesses following, 
this second day of November, in the year of 
our Lord one thousand eight hundred and 
seventy (1870). 

SAM'L A. WAY. [seal.] 



30 WILL OF SAMUEL A. WAT. 

Signed, sealed, published and declared by the said Samuel 
A. Way, as and for the first codicil to his last will and tes- 
tament, in the presence of us ; who, in his presence, and in 
the presence of each other, and at his request, have sub- 
scribed our names as witnesses hereto ; the letter " H," in 
the name of Walter H. French, in line 2, p. 2, being inserted 
before the execution hereof. 

HENRY KELLOGG, Jr. 

P. E. DALY. 

Wm. W. McNAUGHT. 



SECOND CODICIL, 31 



Second Codicil. 

Know all men by these presents, That I, Samuel 
A. Way, of Boston, in the county of Suffolk and 
Commonwealth of Massachusetts, being of sound 
and disposing mind and memory, do make this 
second codicil to my last will and testament, here- 
tofore made and published by me, and bearing date 
the twenty-first day of March, A. D. 1870, and the 
first codicil thereto, bearing date the second day of 
November, A. D. 1870:— 

First. I devise my land situate on the corner to be kept 

insured by 

of Parker Street and Gore Avenue, Boston High- Trustees. 

Codicil 7, 

lands, measuring about one hundred (100) feet on clause*. 
Parker Street, and one hundred and forty-five 
(145) feet on Gore Avenue, — being the lots con- 
veyed to me by James Ward, by his deed dated 
the fifth day of June, A. D. 1845; and Joshua 
Seaver, by his deed dated the twenty-fifth day of 
November, A. D. 1845; and twenty-five feet on 
Gore Avenue, of the lot conveyed to me by Peter 
T. Homer, by his deed dated the tenth day of 
December, A. D. 1853, running back parallel to 
the eastern line of the lot conveyed to me by said 



to certain of her 
children. See 
codicil 7, clause 
7. 



32 WILL OF SAMUEL A. WAY. 

Afterherdeath, Seaver, — with the improvements thereon and the 

to certain of her 

easements and appurtenances thereto belonging, to 
the sole and separate use of Carrie M. French, 
for her life. 

Second. In addition to the legacies and annu- 
ities mentioned in clause " Ninth " of my said will, 
the trustees of my said will therein named shall, 
out of the property in said clause devised and be- 
queathed, provide for and pay: 
Revoked and \ m The following legacies to the following named 

restored. See 

codicil e, persons: that is to say : to each of the children of 

clause 2; and 

codicil 7, clause Edward M. Simmons, the sum of one thousand 

8. 

(1,000) dollars, in recognition of the faithful ser- 
vices of their father as clerk and partner; to Mrs. 
Helen W. Turner, wife of William H. Turner 
of Chicago, Illinois, to her sole and separate use, 
the sum of five hundred (500) dollars; to Henry 
Kellogg, the younger of that name, my worthy 
clerk, the sum of two thousand and five hun- 
dred (2,500) dollars. 
Revoked and 2. The following annuities to the following 

restored. See 

codicil 6, clause named persons, during their respective lives, that 

3 ; and codicil x x 

7, clause s. j s to say: a clear annuity of two hundred (200) 
dollars to Mrs. Charles W. Badger, which said 
annuity the said trustees shall pay to her sole 
and separate use, in equal quarterly payments; a 



SUCOJVD CODICIL. 33 

clear annuity of five hundred and twenty (520) 
dollars to my wife's nephew, Albert A. Cutting, 
which said annuity the said trustees shall pay to 
him in equal quarterly payments; a clear annuity 
of one thousand (1,000) dollars to the person 
whose name will be found in a letter of this date, 
addressed by me to said trustees, and referring 
hereto, and which name shall not be disclosed by 
my said trustees, except upon legal compulsion, 
which said annuity the said trustees shall pay to 
the sole and separate use of said person, in equal 
quarterly payments. 

Third. I hereby revoke and annul the respect- 
ive bequests mentioned in section w 11 " of clause 
w Ninth " of my said will, to Francis O. French 
and Edward M. Simmons, and the directions to 
the trustees of my said will to pay the same. 

Fourth. I hereby ratify and confirm my said 
last will and testament, and the said first codicil 
thereto, in all respects, save as the same may be 
changed by this instrument. 

In testimony whereof, I hereunto set my hand 
and seal, and publish and declare this to 
be the second codicil to my last will and 



34 WILL OF SAMUEL A. WAT. 

testament, in the presence of the witnesses 
following, this fourteenth day of June, in 
the year of our Lord one thousand eight 
hundred and seventy-one (1871). 

SAM'L A. WAY. [seal.] 

Signed, sealed, published and declared by the said Sam- 
uel A. Way, as and for the second codicil to his last will 
and testament, in the presence of us, who, in his presence, 
and in the presence of each other, and at his request, have 
subscribed our names as witnesses hereto. 

W.' W. McNAUGHT. 
ALBERT B. MERRILL. 
S. C. CURTIS. 



THIRD CODICIL. 35 



Third Codicil. 

Know all men by these presents, That I, Sam- 
uel A. Way, of Boston, in the county of Suffolk 
and Commonwealth of Massachusetts, being of 
sound and disposing mind and memory, do make 
this third codicil to my last will and testament, 
heretofore made and published by me, and bearing 
date the twenty-first day of March, A. D. 1870, 
and the first codicil thereto, bearing date the sec- 
ond day of November, A. D. 1870, and the second 
codicil thereto, bearing date the fourteenth day of 
June, A. D. 1871. 

First. I hereby revoke and annul the bequest 
of an annuity of six hundred (600) dollars men- 
tioned in section " 5 " of clause w Ninth " of my 
said will, to my wife's niece, Delle A. Sheldon, 
and the directions to the trustees of my said will 
to pay the same, having advanced to her the sum 
of ten thousand (10,000) dollars on her marriage. 



Second. In addition to the annuities and leg- Revoked and 

restored. See 

acies mentioned in clause " Ninth " of my said will, codicil e, clause 

3 ; and codicil 

the trustees of my said will therein named shall, ?, clause s. 
out of the property therein devised and bequeathed, 



36 WILL OF SAMUEL A. WA Y. 

provide for and pay an additional clear annuity 
of one thousand (1,000) dollars to my wife's sis- 
ter, Carrie M. French, which said annuity the 
said trustees shall pay to her sole and separate 
use, in equal quarterly payments. 

Third. I hereby ratify and confirm my said 
last will and testament, and the said first and sec- 
ond codicils thereto, in all respects, save as the 
same may be changed by this instrument. 

In testimony whereof, I hereunto set my hand 
and seal, and publish and declare this to 
be the third codicil to my last will and tes- 
tament, in the presence of the witnesses 
following, this twentieth day of November, 
in the year of our Lord one thousand eight 
hundred and seventy-one (1871). 

SAM'L A. WAY. [seal.] 

Signed, sealed, published and declared by the said Sam- 
uel A. Way, as and for the third codicil to his last will and 
testament, in the presence of us, who, in his presence, and 
in the presence of each other, and at his request, have sub- 
scribed our names as witnesses hereto. 

W. W. McNAUGHT. 
S. C. CURTIS. 
EDGAR M. BIXBY. 



FOURTH CODICIL. 37 



Fourth Codicil. 

Know all men by these presents, That I, Samuel 

A. "Way, of Boston, in the county of Suffolk and 
Commonwealth of Massachusetts, being of sound 
and disposing mind and memory, do make this 
fourth codicil to my last will and testament, here- 
tofore made and published by me, and bearing date 
the twenty-first day of March, A. D. 1870, and 
the codicils thereto, bearing date, respectively, 
the second day of November, A. D. 1870, the 
fourteenth day of June, A. D. 1871, and the 
twentieth day of November, A. D. 1871. 

First. I hereby revoke and annul the bequest 
of an annuity of two thousand (2,000) dollars, 
mentioned in section * f 7 " of clause " Ninth " of 
my said will, to Joseph B. Carter, and upon 
his decease, to any surviving child of said Joseph 

B. Carter, and the directions to the trustees of my 
said will to pay the same, meaning to include in 
this revocation both said Joseph B. and any 
surviving child of said Joseph B. 



38 WILL OF SAMUEL A. WAT. 

Second. I hereby ratify and confirm my said 
last will and testament, and the said first, second 
and third codicils thereto, in all respects, save as 
the same may be changed by this instrument. 

In testimony whereof, I hereunto set my hand 
and seal, and publish and declare this to 
be the fourth codicil to my last will and 
testament, in the presence of the witnesses 
following, this twenty-ninth day of Decem- 
ber, in the year of our Lord one thousand 
eight hundred and seventy-one (1871). 

SAM'L A. WAY. [seal.] 

Signed, sealed, published and declared by the said Sam- 
uel A. Way, as and for the fourth codicil to his last will and 
testament, in the presence of us, who, in his presence, and 
at his request, have subscribed our names as witnesses hereto. 

S. C. CURTIS. 
J. W. WARREN. 
W. W. McNAUGHT. 



FIFTH CODICIL. 39 



Fifth Codicil. 

Know all men oy these presents, That I, Sam- 
uel A. Way, of Boston, in the county of Suffolk 
and Commonwealth of Massachusetts, being of 
sound and disposing mind and memory, do make 
this fifth codicil to my last will and testament 
heretofore made and published by me, and bearing 
date the twenty-first day of March, A. D. 1870, 
and the codicils thereto bearing date, respectively, 
the second day of November, A. D. 1870, the 
fourteenth day of June, A. D. 1871, the twentieth 
day of November, A. D. 1871, and the twenty- 
ninth day of December, A. D. 1871. 

First. In consideration of my having advanced 
to Abby H. Beal the sum of two thousand dol- 
lars per annum, and for other reasons, I hereby 
revoke and annul clause " Sixth " of my said 
will, and each and every provision thereof, said 
clause being that wherein I devise certain real 
estate to the trustees of my said will, upon trust, 
for the benefit of said Abby H. Beal, and then to 
be conveyed to her children, which devise I wholly 
revoke and annul. I also revoke and annul the 



40 WILL OF SAMUEL A. WAT. 

bequest of an annuity of one thousand (1,000) 
dollars to Elizabeth Beal, mentioned in Section 
" 4 " of clause w Ninth " of my said will, and the 
directions to the trustees of my said will to pay 
the same. 

Second. I hereby modify and amend the pro- 
visions of Section " 6 " of clause w Ninth " of my 
said will, in favor of Almira Dewey and her chil- 
dren, by substituting in place of the words and fig- 
ures w six hundred (600) dollars " therein found, 
the words and figures following; that is to say, 
three hundred (300) dollars; and by substituting 
in place of the words and figures " ten thousand 
(10,000) dollars" wherever found therein, the 
words and figures following; that is to say, five 
thousand (5,000) dollars. 

confirmed. Third. In addition to the annuity of w ten thou- 

See codicil 6, J 

clause i; and sand qq qqq\ dollars " to be paid my wife under 

codicil 7, clause V ? / r J 

L the provisions of Section " 3 " of clause " Ninth " 

of my said will, the trustees thereof shall pay to 
her an additional two thousand (2,000) dollars per 
annum, if she shall desire it. 

They shall also pay, out of the estate devised 
and bequeathed to them in said clause "Ninth," 
the taxes, insurance and cost of repairs upon all 



FIFTH CODICIL. 41 

real estate devised to them in trust for my said wife 
or devised to her. 

Fourth. The trustees of my said will, out of the 
estate devised and bequeathed to them in clause 
" JSTinth " thereof, shall provide for and pay a clear 
annuity of two hundred (200) dollars to my late 
domestic, Catharine Mullen, during her life, 
which said annuity they shall pay to her sole and 
separate use, in equal quarterly payments. 

Fifth. I hereby ratify and confirm my said last 
will and testament, and the said first, second, third 
and fourth codicils thereto, in all respects save as 
the same may be changed by this instrument. 

In testimony w r hereof, I hereunto set my hand 
and seal, and publish and declare this to be 
the fifth codicil to my last will and testament, 
in the presence of the witnesses following, 
this thirtieth day of March in the year of 
our Lord one thousand eight hundred and 
seventy-two (1872). 

SAM'L A. WAY. [seal.] 



42 WILL OF SAMUEL A. WAT. 

Signed, sealed, published and declared by the said Samuel 
A Way, as and for the fifth codicil to his last will and tes- 
tament, in the presence of us, who, in his presence, and in 
the presence of each other, and at his request, have sub- 
scribed our names as witnesses hereto, the words " per 
annum " being first inserted in line three of clause " First " 
hereof. 

EDGAR M. BIXBY. 
W. W. McNAUGHT. 
S. C. CURTIS. 



SIXTH CODICIL. 43 



Sixth Codicil. 

Know all men by these presents, That I, Samuel 
A. Way, of Boston, in the county of Suffolk and 
Commonwealth of Massachusetts, being of sound 
and disposing mind and memory, do make this 
sixth (6) codicil to my last will and testament 
heretofore made and published by me and bearing 
date the twenty-first day of March, A. D. 1870, and 
the codicils thereto, bearing date, respectively, the 
second day of November, A. D. 1870, the four- 
teenth day of June, A. D. 1871, the twentieth day 
of November, A. D. 1871, the twenty-ninth day of 
December, A. D. 1871, and the thirtieth day of 
March, A. D. 1872. 

First. I hereby make absolute and uncondi-^ see codicuT, 

clause 1. 

tional the provisions of clause " Third " of the fifth 
codicil to my last will and testament, meaning and 
intending to make absolute the sum of twelve thou- 
sand (12,000) dollars, as the annuity, to be paid to 
my dear wife, Sarah A;ntn Way, and said annuity 
shall have precedence over all other annuities men- 
tioned in my said will and the codicils thereto, and 
shall be amply provided for before the payment of 



44 WILL OF SAMUEL A. WAT. 

other annuities, and in case of any failure of my 
estate shall not be subject to deduction or contri- 
bution. 

Revoked, see \ Second. I hereby revoke and annul so much of 

codicil 7, clause L u J 

8 my said will, and the codicils thereto, as provides 

for the payment of any legacies to any persons 
whosoever, and the directions to the trustees thereof 
to pay the same, excepting only the legacy of forty 
thousand (40,000) dollars to be paid to my part- 
ner, Asa P. Potter, the provisions concerning 
which I confirm.] 

Revoked, see Third. I hereby revoke and annul [so much of 

codicil 7, clause 

8 - my said will, and the codicils thereto, as provides 

for the payment of annuities and the directions to 
the trustees thereof to pay the same to Mrs. Almira 
Dewey, Mrs. Charles A. Badger, Ella Freeman, 
Mrs. Ellen Davis, Edith Lobdell, Ida Gray and 
Albert A. Cutting, respectively ; also, the annuity 
of (1,000) dollars to Carrie M. French, provided 
for in clause K Second " of the third, codicil, and 
the annuity of one thousand (1,000) dollars pro- 
vided for in Section "2" of clause " Second " of the 
second codicil to my last will and testament; also] 
the provisions of section [s "P" and] "10" of 
clause w Ninth " of my said will. 



SIXTH CODICIL. 45 

Fourth. I revoke and annul the devise, npon 
certain trusts, of "my real estate situate on the 
corner of Bowdoin Street and Beacon-hill Place, 
in said Boston," made in clause w Third " of my 
said will, and confirm all the other provisions of 
said clause. 

Fifth. I hereby revoke and annul the appoint- confirmed, see 

codicil 7, clause 

ment of Henry D. Hyde and John Goldsbury h>. 
as executors and trustees of my said will and the 
codicils thereto, and appoint in their stead and 
places "William A. Richardson, of Cambridge, 
in the Commonwealth of Massachusetts, to be an 
executor and trustee thereof, under all the provis- 
ions of the same, and I confirm the appointment 
heretofore made of Asa P. Potter, Charles G. 
Way and Ellis W. Morton, all of Boston in said 
Commonwealth, to be executors and trustees of my 
said will and the codicils thereto, under all the 
provisions of the same. 

Sixth. I hereby ratify and confirm my said last 
will and testament and the said first, second, third, 
fourth and fifth codicils thereto in all respects, save 
as the same may be changed by this instrument. 



46 WILL OF SAMUEL A. WA T. 

In testimony whereof, I hereunto set my hand 
and seal, and publish and declare this to be 
the sixth codicil to my last will and testa- 
ment, in the presence of the witnesses fol- 
lowing, this second day of May, in the year 
of our Lord eighteen hundred and seventy- 
two (1872). 

SAM'L A. WAY. [seal.] 

Signed, sealed, published and declared by the said Samuel 
A. Way, as and for the sixth codicil to his last will and tes- 
tament, in the presence of us, who, in his presence, and in 
the presence of each other, and at his request, have sub- 
scribed our names as witnesses hereto ; the words " Henry 
D. Hyde and," being inserted in line " two," clause " fifth," 
and the words Henry D. Hyde being stricken from line 
" eight," clause " fifth" hereof, before the signing of the 
same by the said Samuel A. Way. 

W. W. McNAUGHT. 
EDGAR M. BIXBY. 
S. C. CURTIS. 



SEVENTH CODICIL. 47 



Seventh Codicil. 

Know all men by these presents, That I, Samuel 
A. Way, of Boston, in the county of Suffolk and 
Commonwealth of Massachusetts, being of sound 
and disposing mind and memory, do make this 
seventh (7) codicil to my last will and testament 
heretofore made and published by me and bearing 
date the twenty-first day of March, A. D. 1870, 
and the codicils thereto bearing date, respectively, 
the second day of November, A. D. 1870, the four- 
teenth day of June, A. D. 1871, the twentieth day 
of November, A. D. 1871, the twenty-ninth day of 
December, A. D. 1871, the thirtieth day of March, 
A. D. 1872, and the second day of May, A. D. 
1872. 

First. In case the net income of the estates 
devised upon certain trusts to the trustees of my 
said will in clause K Third " thereof, as modified by 
clause "Fourth" of the sixth codicil thereto, shall 
not be sufficient to enable them to pay unto my 
son, Charles G. Way, four thousand and five 
hundred dollars net in addition to the payment of 
the sums mentioned in said clause " Third " to any 



48 WILL OF SAMUEL A. WA Y. 

wife of my said son and to Edwin Fobes, the 
trustees of my said will and codicils shall retain out 
of the annuity of twelve thousand (12,000) dollars 
which they are directed to pay to my wife, Sarah 
Ann Way, and pay unto my said son, so much in 
each year as may be necessary to make the sum 
paid to my said son in each year four thousand and 
five hundred (4,500) dollars; and I hereby modify 
the provisions of my said will and codicils so far 
as may be required to conform with the provisions 
of this clause. 

see clauses 2 Second. If my son, Charles G. Wat, or the 

and 3 of will. 

present wife of my said son, shall, under the pro- 
visions of clause w Second " of my said will, come 
into the possession of the estate therein devised to 
him or her, the trustees of my said will and codi- 
cils shall, out of the estate devised and bequeathed 
to them in clause K Ninth " of my said will, pay 
unto him or her, as the case may be, six thousand 
(6,000) dollars per annum, in quarterly payments, 
in addition to what they are to receive by the other 
provisions of my said will and codicils, while so in 
possession of said estate. 

see win, clause Third. I hereby revoke and annul all the pro- 

2. 

visions of my said will and codicils and directions 



SEVENTH CODICIL. 49 

to the trustees thereof in favor of any child or 
children of my son, Charles G. Way. In case 
any child or children of my said son shall survive 
him and also my wife, the trustees of my said will 
and codicils shall, out of the estate devised and 
bequeathed to them in clause "Ninth" of my said 
will, pay unto such child or children fifty thousand 
(50,000) dollars. 

Fourth. I hereby direct that the trustees of my see clauses 2 

and 3 of will; 

said will and codicils shall, out of the estate devised and codicil 2, 

clause 1. 

and bequeathed to them in clause "Ninth" of my 
said will, keep fully insured the buildings upon the 
lands devised to my wife, my son, my son's wife 
and Carrie M. French, and the lands devised to 
said trustees in clause w Third " of my said will, 
during the lives of my wife, son, son's wife and 
Carrie M. French, respectively; and in case any 
of them shall be destroyed, shall rebuild the same, 
or, in lieu thereof, make a satisfactory arrangement 
with the parties interested. 

Fifth. I hereby revoke and annul clause " Sev- 
enth" of my said will, and the devise therein to 
Delia A. Sheldon and her children. 
7 



50 WILL OF SAMUEL A. WAY. 

Sixth. I hereby devise all my interest in the real 
estate in Cambridge, now occupied by Anna Ferdi- 
nand, wife of Jasper F. Ferdinand, to the sole and 
separate use of the said Anna Ferdinand, during 
her life, and upon her decease, then to the children 
of the said Anna. 

Seventh. I hereby direct that the provisions of 
my said will and codicils in favor of Carrie M. 
French shall take precedence of all others, except 
those in favor of my wife, son and son's wife; and 
I hereby devise the remainder, after the decease of 
Carrie M. French, of the estate devised to her 
for life in clause w First " of the second codicil to 
my said will, unto any child or children of said 
Carrie M., by her husband, Walter H. French, or 
the husband of any after marriage, in fee. 

Eighth. I hereby revoke and modify the pro- 
visions of clauses " Second " and " Third " of the 
sixth codicil to my said will (except so far as said 
clause " Third " relates to the provisions of section 
"10" of clause "Ninth" of my said will), to the 
extent following; that is to say: if the trustees of 
my said will and codicils shall find my estate more 
than sufficient to provide for the annuities and sat- 
isfy the legacy which they are bound to provide for 



SEVENTH CODICIL. 51 

and satisfy under the provisions of my said will and 
codicils as the same now stand, they shall then pay 
the legacies and annuities the provisions for the 
payment of which were revoked in said clauses 
" Second " and " Third " of said sixth codicil, to 
the legatees and annuitants in the order of their 
relationship (as reckoned by the civil law) to me 
or my wife, relatives being paid in full, and others 
proportionately, if my estate is not sufficient to pay 
them in full. 

Ninth. I hereby ratify and confirm my said last 
will and testament and the said first, second, third, 
fourth, fifth and sixth codicils thereto in all re- 
spects save as the same may be changed by this 
instrument. 

Tenth. I hereby confirm the appointment of 
William A. Richardson, Asa P. Potter, 
Charles G. Way and Ellis W. Morton, to be 
executors and trustees of my said will and codicils, 
under all the provisions of the same. 

In testimony whereof, I hereunto set my hand 
and seal, and declare this to be the seventh 
codicil to my last will and testament, in the 
presence of the witnesses following, this 



52 WILL OF SAMUEL A. WA Y. 

seventh day of May, in the year of our Lord 
one thousand eight hundred and seventy- 
two (1872). 

SAM'L A. WAY. [seal.] 

Signed, sealed, published and declared by the said Samuel 
A. Way, as and for the seventh codicil to his last will and 
testament, in the presence of us, who, in his presence, and 
in the presence of each other and at his request, have sub- 
scribed our names as witnesses hereto, the words " four 
thousand and five hundred dollars net " being inserted in 
line six of clause " First" before the execution of the fore- 
going instrument by the said Way, and also the words " any 
surviving " being stricken out and the words " the present" 
being inserted in lines two and one, in clause " Second," 
before said execution by said Way. 

EDGAR M. BIXBY. 
W. W. McNAUGHT. 
S. C. CURTIS, 



PROBATE OF WILL. 53 



[U.S. stamps, $500.] 

SUFFOLK, SS. 

At a Probate Court holden at Boston, in and for said County 
of Suffolk, on the twenty-fourth day of June, in the year of 
our Lord one thousand eight hundred and seventy-two, — 

On the petition of William A. Richardson, of Cambridge, 
in the County of Middlesex, and Ellis W. Morton, Asa P. 
Potter and Charles G Way, of said Boston, praying that 
the instruments therewith presented, purporting to be the 
last will and testament, and seven codicils, of Samuel A. 
Way, late of said Boston, deceased, may be proved and 
allowed, and letters testamentary issued to them, the Execu- 
tors therein named, without giving a surety or sureties on 
their official bonds ; and the heirs-at-law, next of kin, and 
all other persons interested, having been duly notified accord- 
ing to the order of Court, to appear and show cause, if any 
they have, against the same : and no party objecting thereto, 
and it appearing that said instruments are the last will and 
testament of said deceased, and were legally executed, and 
that said testator was at the times of making the same of 
full age and sound mind, and that said petitioners are com- 
petent persons to be appointed to said trust : 

It is therefore decreed that said instruments be proved, 
approved and allowed as the last will and testament of said 
deceased, and letters testamentary be issued to said peti- 
tioners, they first giving bonds without sureties for the due 
performance of said trust. 

GEO. F. CHOATE, 
Acting' Judge of Probate Court. 



54 LETTERS TESTAMENTARY. 



<&mmmw\\\ tut %$n$mhK$ttt$. 

SUFFOLK, SS. PROBATE COURT. 

To William A. Richardson, of Cambridge, in the County 
of Middlesex, and Ellis W. Morton, Asa P. Potter, 
csealo an( j c HARLES q Way, of Boston, in said County of 
Suffolk, Greeting : 

Trusting in your care and fidelity, I, acting for Isaac 
Ames, Esquire, Judge of the Probate Court in and for said 
County of Suffolk, by virtue of the power and authority 
vested in me, do hereby appoint you to be Executors of the 
last will and testament of Samuel A. Way, late of said 
Boston, deceased, testate, which said will was proved and 
allowed on the twenty-fourth day of June, A. D. 1872, by 
said Court, and is now of record in this Court ; 

And you are ordered to make and return into said Pro- 
bate Court, within three months from the date hereof, a true 
inventory of all the real estate and all the goods, chattels, 
rights and credits of said testator which are by law to be 
administered, and which shall have come to your possession 
or knowledge ; 

To administer according to law and the will of the testator 
all his goods, chattels, rights and credits, and the proceeds 
of all his real estate that may be sold for the payment of his 
debts or legacies which come to your possession, or that of 
any other person for you ; 

To render, upon oath, a just and true account of your 
administration within one year from the date hereof, and 
at any other times when required by said Court ; 



LETTERS TESTAMENTARY. 55 

And also, within three months, to cause notice of your 
appointment to be published three successive weeks in the 
Boston Daily Advertiser, a newspaper printed at said Boston, 
and within one year return your affidavit of having given 
such notice, with a copy thereof, to the Probate Office. 

In witness whereof, I have hereunto set my hand, and 
caused the seal of said Court to be affixed, at Boston, this 
twenty-fourth day of June, in the year of our Lord one 
thousand eight hundred and seventy-two. 

GEO. F. CHOATE, 

Acting- Judge of Probate Court. 
Countersigned. 

P. R. Guiney, Register. 



56 TRUSTEES' LETTER. 



SUFFOLK, SS. PROBATE COURT. 

To William A. Richardson, of Cambridge, in the County 
of Middlesex, and Asa P. Potter, Charles G. Way 
[seal.] an( j j] LLIS w. Morton, all of Boston, in said County 
of Suffolk, Greeting: 

Trusting in your care and fidelity, I, acting for Isaac 
Ames, Esquire, Judge of the Probate Court in and for said 
County of Suffolk, by virtue of the power and authority 
vested in me, do hereby appoint you to be Trustees of the 
estate given in trust under the will of Samuel A. Way, late 
of said Boston, deceased, testate, for the benefit of persons 
therein named and for certain charities therein expressed, 
which said will was duly proved and allowed on the twenty- 
fourth day of June, A. D. 1872, by said Court, and is now 
of record in this Court ; 

And you are ordered to make and return into said Pro- 
bate Court, a true inventory of all the real estate, goods, 
chattels, rights and credits belonging to you as such Trus- 
tees, and which shall come to your possession or knowledge, 
within three months from the date hereof; 

To dispose of and manage all such estate and effects, and 
faithfully discharge your trust in relation thereto, according 
to law and the will of said testator ; 

To render an account, on oath, of the property in your 
hands, and of the management and disposition thereof, within 
one year from the date hereof, and at any other times when 
required by said Court ; and 



TRUSTEES' LETTER. 57 

At the expiration of your trust, to settle your accounts in 
said Court, and pay over and deliver all the estate and effects 
remaining in your hands, or due from you on such settle- 
ment, to the person or persons entitled thereto, according to 
law and the will of said testator. 

In witness whereof, I have hereunto set my hand, and 
caused the seal of said Court to be affixed, at Boston, this 
twenty-fourth day of June, in the year of our Lord one 
thousand eight hundred and seventy-two. 

GEO. F. CHOATE, 

Acting Judge of Probate Court. 
Countersigned. 

P. R. Guiney, Register. 



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